Building beyond your property boundary can give you legal difficulties.
But equally, if your neighbour infringes on your property, you have a right to stop that from happening, too!
Either way, it’s helpful to know where your property boundaries are.
Read this blog to find out how you can get this information.
What is a property boundary?
Property boundaries are points where one property ends and another property or public property begins.
Boundaries are not always where people expect them to be. And most are unique shapes.
Fences do not equal boundary limits
Many assume that a hedge or a fence is the definitive boundary. But this is not necessarily true.
For example, if there’s a fence separating your garden from a neighbour’s, who’s to say who owns the fence?
And if it’s a wide fence, does it cross over onto the other person’s side – or vice versa?
Legal boundary issues
Some specialist legal experts make a career out of boundary issues. In most cases, an agreement will be made to avoid a dispute.
But if neither party can see eye-to-eye, knowing exactly where each boundary begins and ends becomes essential.
Covenants are also a potential legal issue that might be linked to boundaries.
Examples of when a property boundary can be important
Installing fences
When an old fence falls, two neighbours must often work together to erect a new one.
This fence must be placed on the boundary. This can only be done when you know where the boundary is.
Fallen trees
It’s also helpful when a tree falls in your garden. It’s possible that the tree crosses into a neighbour’s garden or vice versa.
You’ll need to work with them to get the necessary access for professionals to sort out the situation.
You can’t simply walk onto their land without permission – this is trespassing.
Shared driveways
Boundaries often impact shared driveways.
It’s helpful to indicate where one part of the driveway ends and another begins.
After all, as a frequently used feature on a property, a shared driveway could be a source of neighbour disputes.
Extensions
You should keep property boundaries in mind when carrying out extensions, too. You can’t go onto another person’s land.
How do I find my property boundaries?
HM Land Registry
Details about your property boundaries will sometimes be held at HM Land Registry.
This plan is based on Ordnance Survey maps, so it might be inaccurate. But it can indicate who is responsible for each side of your garden.
Title Deeds
The next thing you should do is check your Title Deeds. A solicitor can help you with this.
There should be an indication of where your boundaries are. If a formal boundary agreement has been created in the past, this should be detailed there, too.
Ask your neighbour
You could speak to your neighbour about this issue if you’re on good terms.
They may have discussed it with previous owners of your house, although this doesn’t make it legally binding.
Likewise, if they’ve created a written boundary agreement in the past, they could have a copy to show you.
Hire a surveyor
You can hire a surveyor to sort the matter out.
They’ll visit the property, check all relevant documents, and mark the legal boundaries.
Speak to them before you hire them to see if this is doable, as some cases are more complicated than others.
However, surveys generally take a few days to organise and a few hours to complete. Their cost varies according to the area and surveyor.
What is a boundary agreement?
A boundary agreement is a written agreement about the boundaries of a property.
Two neighbours will often work with a solicitor to create this document. It puts the official boundaries in writing.
A boundary agreement should record who is responsible for maintaining a boundary and the resolution process if someone infringes on another’s boundary.
You shouldn’t try to create this document without the support of a legal professional. Otherwise, it might not be binding.
A boundary agreement can’t be used to sell or give away part of the land. It’s just useful if there’s a disagreement between two neighbours.
Is my house more valuable if it has clear property boundaries?
Potential buyers will appreciate clarity on this subject.
If the boundaries are fair and reasonable, they will likely feel comfortable that their rights will be respected. This can give preference to your property.
On the other hand, if the written boundaries are deemed unfair, a buyer could be put off by this.
This especially applies if the document had to be created because you kept arguing with the neighbour.
This could be considered a neighbour dispute, which must be disclosed before you sell the house. If the same person still lives there, the new buyers might hesitate to move into this situation.
